No person shall employ any foreigner who has no status of sojourn eligible for employment activities.

From September 1, 2014 to September 5, 2014, the Defendant agreed to pay KRW 170,000 per month to China, who did not have the status of stay for employment in the "D" restaurant operated by the Defendant in Seongbuk-gu Seoul and the second floor, to pay KRW 1.7 million per month.

Summary of Evidence

1. Each legal statement of witness F and G;

1. A statement prepared by the F;

1. The accusation note, registered foreigners’ registration certificate, business registration certificate, medical care benefits and temporary layoff benefits application, and the written opinion of the insured (based on each evidence at the time of sale, the Defendant is a D restaurant at the time of September 2014 (hereinafter “instant restaurant”).

The facts that he was the actual representative of the restaurant, but did not frequently work in the restaurant, G, the main place of the restaurant of this case, had the right to employ employees by means of reporting to and obtaining approval from the defendant. In ordinary cases, the fact that, after consultation with the defendant about the terms and conditions of salary, working hours, etc., it was made by means of making a regular employee finally employed after a certain period of time has elapsed. The fact that the newly employed employee is paid for the remuneration that he had worked during the above period as a daily allowance or monthly salary, etc. The fact that G, after reporting to and obtaining approval from the defendant, had the defendant work in the main place of the restaurant of this case, E, from September 1, 2014, while serving in the main place of the restaurant of this case from September 10 to 30, 2014, was found to have occurred.

The employment under the Civil Act takes effect when one of the parties agrees to provide services to the other party and the other party agrees to pay the remuneration therefor. As long as the above agreement has been established, the form of employment contract has no limit.